Raleigh Figueras v. United States
1. When a circuit court unambiguously and erroneously applies a
subjective standard in assessing whether a habeas petitioner has
established the prejudice necessary to demonstrate ineffective
assistance of counsel pursuant to Strickland v. Washington, 466
USS. 668 (1984), should this Court invoke 28 U.S.C. § 2106 in order
to summarily vacate and remand the case to the circuit court with
directions to conduct the ineffectiveness inquiry pursuant to the
proper objective standard?
When a circuit court unambiguously and erroneously applies a subjective standard in assessing whether a habeas petitioner has established the prejudice necessary to demonstrate ineffective assistance of counsel pursuant to Strickland v. Washington, 466 USS. 668 (1984), should this Court invoke 28 U.S.C. § 2106 in order to summarily vacate and remand the case to the circuit court with directions to conduct the ineffectiveness inquiry pursuant to the proper objective standard?